Burglary: People v. Bergman  

By Daily Record Staff
POSTED: February 23, 2010
Tags: Appellate Division, Fourth Department

Appellate Division, Fourth Department
Burglary
Sufficiency of Evidence
People v. Bergman
KA 08-01368
Appealed from Oswego County Court
Background: Convicted after trial of burglary and criminal mischief, the defendant contended the evidence was legally insufficient. Two entryway doors were broken and an alarm system was pulled off of the wall.
Ruling: The conviction is affirmed. In burglary cases based on circumstantial evidence, [...]

Prosecutorial Misconduct: People v. Rivera  

By Daily Record Staff
POSTED: February 23, 2010
Tags: Appellate Division, Fourth Department, prosecutorial misconduct, restitution

Appellate Division, Fourth Department

Prosecutorial Misconduct
Restitution
People v. Rivera
KA 08-02137
Appealed from Jefferson County Court
Background: The defendant appealed his conviction of second-degree arson, contending he was denied a fair trial. The prosecutor failed to correct a witness who stated he had not been offered a benefit for his testimony, compounding that on summation by misleading comments. A second issue [...]

Evidence: People v. Anzalone 

By Daily Record Staff
POSTED: February 22, 2010
Tags: Appellate Division, evidence, Fourth Department, video reconstruction

Appellate Division, Fourth Department
Evidence
Video Reconstruction
People v. Anzalone
KA 09-01432
Appealed from Livingston county Court
Background: The defendant was convicted of second-degree attempted arson after trial. On appeal, he challenged the use of a videotape reconstructing the incident.
Ruling: The conviction is affirmed. The video reconstruction was admitted properly into evidence. It was relevant and the prosecution established there was [...]

Evidence: Thompson v. Mather 

By Daily Record Staff
POSTED: February 22, 2010
Tags: Appellate Division, evidence, Fourth Department, videotaped testimony

Appellate Division, Fourth Department
Evidence

Videotaped Testimony
Thompson v. Mather
1437
Appealed from Supreme Court, Oswego County
Background: The plaintiff commenced a medical malpractice action, alleging the defendants deviated from the standard of care in providing obstetrical and gynecological treatment by prescribing oral contraceptives when they knew or should have know,n based on the plaintiff’s medical and family history, that the [...]

Criminal Mischief: People v. Butler  

By Daily Record Staff
POSTED: February 22, 2010
Tags: Appellate Division, criminal mischief, Fourth Department, value of property

Appellate Division, Fourth Department
Criminal Mischief
Value of Property
People v. Butler
KA 07-02658
Appealed from Ontario County Court
Background: The defendant was convicted of a felony, criminal mischief in the third degree, as well as other crimes for throwing a coffee table through his ex-wife’s front window. He contended the evidence was legally insufficient to establish that the value of [...]

Premises Liability: Walker v. Gold 

By Daily Record Staff
POSTED: February 19, 2010
Tags: animal attack, Appellate Division, Fourth Department, landlord, premises liability, tenant

Appellate Division, Fourth Department
Premises Liability
Landlord — Tenants’ Animals
Walker v. Gold
81
Appealed from Supreme Court, Ontario County
Background: The defendants appeal from an order denying their motion for summary judgment in a personal injury action. The plaintiffs brought an action seeking damages for injuries suffered by Ernestine Walker when she was attacked by three dogs owned by the [...]

Pleadings: Covanta Niagara LP v. Town of Amherst 

By Daily Record Staff
POSTED: February 19, 2010
Tags: Appellate Division, Covanta Niagara, Fourth Department, pleadings, Town of Amherst

Appellate Division, Fourth Department
Pleadings
Notice of Claim — ‘Res Judicata’
Covanta Niagara LP v. Town of Amherst
1483
Appealed from Supreme Court, Erie County
Background: The plaintiff, a solid waste disposal company, seeks damages resulting from the defendant’s alleged breach of contract. The contract was amended in 1996 to add a price protection clause, pursuant to which the payment rate per [...]

Suppression of Evidence: People v. McAvoy  

By Daily Record Staff
POSTED: February 18, 2010
Tags: Appellate Division, Fourth Department, Huntley Hearing, Suppression of Evidence

Appellate Division, Fourth Department
Suppression of Evidence
Huntley Hearing
People v. McAvoy
KA 07-00520
Appealed from Orleans County Court
Background: Convicted after trial of several sex offenses, the defendant contended on appeal that his statements to the police should have been suppressed.
Ruling: The conviction is affirmed. Credibility determinations of a suppression court should not be disturbed if supported by the record. [...]

Labor Law §240: Carrow v. Bogard 

By Daily Record Staff
POSTED: February 18, 2010
Tags: Appellate Division, Fourth Department, Labor Law

Appellate Division, Fourth Department

Labor Law §240
Carrow v. Bogard
1618
Appealed from Supreme Court, Erie County
Background: The plaintiff commenced the Labor Law and common-law negligence action seeking damages for injuries he suffered while erecting trusses on a pole barn being built on residential property owned by the defendant. The defendant hired the plaintiff to erect the trusses, and [...]